McGarry v The Queen [2001] HCA 62

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

MICHAEL ALEXANDER McGARRY APPELLANT

AND

THE QUEEN RESPONDENT

McGarry v The Queen

[2001] HCA 62

Date of Order: 6 September 2001

Date of Publication of Reasons: 24 October 2001

P61/2000

ORDER

1. Appeal allowed.

2. Set aside par 3 of the order of the Court of Criminal Appeal of Western Australia made on 6 December 1999 and in lieu order that the order for indefinite imprisonment of the appellant is quashed.

On appeal from the Supreme Court of Western Australia

Representation:

S Owen-Conway QC with R E Lindsay and R D Young for the appellant (instructed by Gunning)

R J Meadows QC, Solicitor-General for the State of Western Australia with R E Cock QC and R M Mitchell for the respondent (instructed by Director of Public Prosecutions for Western Australia)

Interveners:

R J Meadows QC, Solicitor-General for the State of Western Australia with R E Cock QC and R M Mitchell intervening on behalf of the Attorney-General for the State of Western Australia (instructed by Crown Solicitor for the State of Western Australia)

B M Selway QC, Solicitor-General for the State of South Australia with I K Haythorpe intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for the State of South Australia)

M G Sexton SC, Solicitor-General for the State of New South Wales with M J Leeming intervening on behalf of the Attorney-General for the State of New South Wales and the Attorney-General of the State of Tasmania (instructed by Crown Solicitor for the State of New South Wales and Crown Solicitor for the State of Tasmania)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

McGarry v The Queen